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HONGKONG LEGISLATIVE COUNCIL
During the above three months the Officer in Charge of one of the Police patrol launches stopped at and visited Cheung Chau 15 times. A patrol launch passes the island at least once every day and can be stopped by signal.
The Captain Superintendent of Police will be asked to arrange if possible for a second European police officer to be sta- tioned at Cheung Chau during the sum-
mer.
Amendent of the Public Health and Buildings Ordinance, 1903
THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, An Ordinance to amend further the Public Health and Buildings Ordinance, 1903.
The " to the Bill are as follows:-
Objects and Reasons" attached
1. Clauses 2, 3 and 4 of the Bill deal with the payment of compensation for animals slaughtered by order of the Sanitary Board, and for animals retain el for observation by order of the Board. Clauses 5 to 9 make certain alterations in the law relating to open spaces, scavenging lanes, and means of access for the purpose of inspecting, scavenging, and cleansing.
all
2. Clause 2. This clause makes amendment in the heading prefixed to sections 54 and 55 of the principal Ordi- uance which is consequential on the amendment made by clauses 3 and 4 of the bill.
shows symptoms of disease before it has been in the Colony for the period of incubation of the disease in question. The maximum compensation is to be $40 in the case of a pig and $400 in the case of any other animal. Power is to the Governor-in-Council to given define by order the periods of incubation of any diseases.
4. Clause 4. This clause gives the Board power to retain for observation any animal which is liable to be slaught- ered by order of the Board, and it pro- vides that compensation shall be given in such a case as if the animal has been slaughtered.
5. Clause 5.-This clause provides that if an existing domestic building has in fact the amount of open space which would be required in the case of a new domestic building erected on land leased from the Crown before the commence- ment of the principal Ordinance, such open space shall not be reduced below the minimum required for such a new domestic building.
6. Clause 6. This clause makes general the provisions of section 176 of the prin- cipal Ordinance relating to open spaces between new domestic buildings and the hillside. At present these provisions apply only to the City of Victoria.
7. Clause 7.-(a) This sub-clause makes it clear that scavenging lanes provided under the section must be formed to such levels as the Building Authority may direct.
3. Clause 3.-The existing law relating (b) This sub-clause extends the privil to compensation for animals slaughtered ege of the proviso to all ground stories by order of the Board is defective in two which are not used for domestic pur- main respects, i.e., (a) it applies only poses, whether they be used as shops or to cattle and not to animals generally, not. In future, therefore, the proviso and (b) it gives no power to withhold will apply, e.g., to ground stories used compensation for animals which were
as godowns as well as to ground stories imported in an infected condition.
used as shops. It must, however, be Clause 3 of the bill follows the lines of pointed out that the amendment may the Diseases of Animals Act, 1894. In have a restrictive effect also, though this accordance with that Act, it makes the depends upon the legal construction amount of compensation depend upon which ought to be placed on the wording the nature of the disease, it gives power of the present proviso. It is believed to withhold compensation if the owner that the intention of the present proviso of the animal has been guilty in relation was that the concession should be avail- to the animal of an offence agafast the able only where the ground stories of principal Ordinance, and it provides the three adjacent buildings were used that, unless otherwise ordered by the solely as shops, and that it should not Governor-in-Council, no compensation be available where those shops were shall be paid for any animal which used also for domestic purposes.
How-
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HONGKONG LEGISLATIVE COUNCIL
(c) In future no portion of any street shall be allowed to count as open space.
(d) This sub-clause gives the Building Authority power to modify the provision of this section in the interests of the
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ever, that may be, the amendent will 3, are taken from the English Act. The make it clear that if the shops are also rate of compensation depends to a cer- used for domestic purposes the conces- tain extent upon the nature of the dis- sions cannot be claimed. Of course, the ease. Clause 4 gives the Board power presence two caketakers in a shop at to retain for observation or treatment night will not have the effect of making animals which would otherwise be liable the shop a place used for domestic to be slaughtered but which the Board within the meaning of the may wish to retain for the purpose of purposes Bection.
making investigations into the disease. As to open spaces
and scavenging lanes, the main amendment which the Bill proposes to effect is to provide that, in future, no compensation shall be paid in any case for scavenging lanes. Under the existing law, if buildings erected on land leased from the Crown, before the commencement of the principal ing lanes, and these scavenging lanes are Ordinance, and are provided with scaveng- surrendered and become Crown property, provision is made for the payment of compensation. It is now thought, sir, that ing lanes ought in all cases to fall on the the expense of provision of such scaveng
owner.
on
S. Clause 8. The remarks made paragraphs (a), (b), and (c) of clause 7 above apply also to the corresponding paragraphs of this section.
Sub-clause (d). It is intended that no compensation shall be payable in future for scavenging lanes in any case. Such lanes are indirectly an advantage to the public but they are primarily necessary for the convenience and health of the occupants of the building.
9. Clause 9.-It seems desirable to pro vide that all open spaces which abut on a street must be provided with a means of access from such street for the purpose of inspection, scavenging and cleansing.
owner.
are
the owner and his tenants, though in- It is mainly for the benefit of
directly it benefits the public because it tends to make the locality more healthy; but the main benefit of scavenging lanes is to the owner and his tenants and it seems only reasonable that the owner should be the person to bear the ex- pense, in all cases. o providing such lanes.
This part of the Bill provides that in THE ATTORNEY-GENERAL said-The future no street shall count as an open space, Bill falls into two parts; the In certain cases, streets alre allowed second, third and fourth clauses deal
to count as open space if no domestic with the compensation to be paid for buildings front on them. The effect of animals slaughtered by order of the that is that where the owner is allowed Sanitary Board.
Clauses 5 to 9 deal to count the street as an open space he with open spaces, scavenging lanes and has to provide a smaller amount of allied subjects. Dealing, first of all, space on his property than he otherwise with the compensation for animals would and it is thought that the time slaughtered, the present law is defective has come in the public interest to re- in two respects. It applies to cattle only and quire owners to provide, on their own not to animals generally, and it gives land, the not excessive amount of open no power to withhold compensation for space which the principal Ordinance animals imported in an infected condi- requires, without having the option of tion. Power will exist in future to counting a street as part of the open refuse compensation when infected space. The rule is one which has work- animals are imported, as it seems onlyed in a spasmodic and capricious way fair that the importer should bear the because if any domestic building fronts on loss and that it should not be thrown the street it is not possible to count it on the public. Power is also given to as open space. Opportunity is also refuse compensation where the owner of taken to make certain minor amend- the animal has been guilty of any offencements. I beg to move the first reading. in connection with the importation or control of the animals in the Colony. The actual rates THE COLONIAL SECRETARY seconded,
of compensation, which appear in clause and the Bill was read a first time.
No comments yet.
Private notes are available after approval.